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Home » Legal Issues » Employment Law » Page 2

Employment Law

Supreme Court rules that Title VII EEOC filing requirements are mandatory but not jurisdictional

June 5, 2019 by Michael Peabody

The Supreme Court issued a ruling on June 3, 2019, in a case (Fort Bend County v. Davis)  involving whether a court may hear a discrimination case where the plaintiff fails to raise all charges in an initial EEOC complaint.  The Court found that the Title VII’s rules are procedural, not jurisdictional, and as such procedural defenses need to be raised early in a case.

Filed Under: Civil Rights, Employment Law

Supreme Court Requests Solicitor General’s Opinion on Sabbath Accommodation Case

March 28, 2019 by Michael Peabody

The value of the Patterson case does not merely hinge on its facts, which would likely have to be developed at the trial level, but more importantly, it provides a vehicle for the Circuit courts to obtain needed guidance from the Supreme Court in order to consistently interpret Title VII religious accommodation requirements. 

Filed Under: Employment Law, Supreme Court

Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

January 30, 2019 by Michael Peabody

It is debatable whether a claim by a public school football coach that he is compelled by religious belief to pray at the 50-yard line following each game is a good vehicle for addressing either free exercise or workplace religious accommodation. However, it does appear that the four justices who signed onto Alito’s response have concerns about the chilling effect of Hardison and Smith on the ability to even raise Title VII religious accommodation and Free Exercise Clause claims. With Patterson v. Walgreen Co., the Supreme Court has the opportunity to revisit religious accommodation claims under Title VII.

Filed Under: Employment Law, Free Exercise, Free Speech, Religious Accommodation, Supreme Court Tagged With: Patterson v. Walgreen Co., religious accommodation, religious freedom, religious liberty, Title VII, TWA v. Hardison

9th Cir: Catholic School Teacher Fired for Requesting Time for Cancer Treatment May Pursue ADA Discrimination Claim

December 18, 2018 by Michael Peabody

On December 17, the Ninth Circuit Court of Appeals ruled 2-1 that the ministerial exception does not bar a teacher in a Catholic school who was fired because she needed time off work for surgery and chemotherapy from pursuing a claim under the Americans with Disability Act.

Filed Under: Education, Employment Law Tagged With: Education, ministerial exception, teacher

Founders’ First Freedom Files “Friend of the Court” Brief Asking Court to Hear Religious Accommodation Case

October 16, 2018 by ReligiousLiberty.TV

Founders First Freedom

Walgreen v Patterson gives the Supreme Court the opportunity to promote consistency and predictability and resolve disputed interpretation between Circuits, Congress, and the EEOC in a manner that is respectful of both religious beliefs and business needs says amicus Founders’ First Freedom.

Filed Under: Employment Law, Legal Issues, Supreme Court

Trump administration forms office to protect doctors’ religious beliefs

March 4, 2018 by Kelly Larios

The U.S. Department of Health & Human Services (HHS) has announced the creation of a Conscience and Religious Freedom Division in their Office for Civil Rights. The division aims to address concerns over sensitive subjects such as birth control, abortions, and treatment of the LGBTQ community. In addition to providing a center for complaints regarding religious discrimination, the division is pushing for the approval of a motion that seeks to protect medical personnel who refuse to perform treatments that violate their personal beliefs. The move has caused concern from human rights groups, who believe this office could be used to discriminate.

Filed Under: Employment Law, Free Exercise, Religious Accommodation Tagged With: freedom of conscience, religious liberty, religiousliberty

Supreme Court hears public sector union compulsory speech case

February 26, 2018 by Michael Peabody

Supreme Court - DepositPhotos.com

Today the United States Supreme Court heard oral arguments in a case involving whether it constitutional to require government employees who do not join their respective unions to still pay fees to the unions for the cost of negotiating and administering their employment contracts.

Filed Under: Employment Law, Supreme Court

10th Cir. reverses summary judgment in Title VII Sabbath accommodation case

January 19, 2018 by Michael Peabody

On January 17, 2018, the 10th Circuit Court of Appeals ruled that a lower court improperly granted summary judgment against plaintiffs in a holy day observance case.

Filed Under: Employment Law Tagged With: Gardenburger, Kellogg, Morningstar Farms, religious accommodation, religious discrimination

CA governor vetoes religious employee reproductive privacy bill

October 19, 2017 by ReligiousLiberty.TV

California Governor Jerry Brown has vetoed legislation that would have prohibited religiously affiliated institutions from taking employment action against non-ministerial employees for their reproductive health decisions including “the use of any drug, device, or medical service.”

Filed Under: Employment Law, Religious Institutions Tagged With: California, Fair Employment and Housing, FEHA, Hosanna-Tabor

EEOC files suit against physician who mandated daily religious meetings

September 26, 2017 by ReligiousLiberty.TV

he U.S. Equal Employment Opportunity Commission has filed a lawsuit on behalf of four former employees of a Texas physician who allegedly discriminated against them on the basis of religion by unlawfully requiring them to attend daily Bible studies, requiring them to discuss religious matters in these meetings, and for terminating them for religious reasons. […]

Filed Under: Employment Law Tagged With: eeoc, religious discrimination, retaliation

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Primary Sidebar

Geneva, Switzerland - December 03, 2019: World Health Organization (WHO / OMS) Headquarters - DepositPhotos.com

Biden admin could hand over US control of health emergencies to WHO next week

WASHINGTON, D.C. – The ultimate control over America’s health care and its national sovereignty will be put up for a vote next week at a meeting of the World Health Organization’s (WHO) governing legislative body, the World Health Assembly (WHA).  On May 22-28, 2022, the 75th World Health Assembly will convene at the United Nations […]

Statement on the Leak in Dobbs

The leak was intended to disrupt the processing of the decision and we are not going to dignify the leak or the unidentified leaker by analyzing it prematurely. As a constitutional republic we cannot go down that road without doing severe damage to the institution of the Supreme Court where there must be professional courtesy between the justices and their staffs.

Boston City Hall - photo from Supreme Court Opinion

Supreme Court rules 9-0 that Boston violated 1st Amendment in refusing Christian flag at City Hall

This morning the Supreme Court unanimously ruled in Shurtleff v. Boston (Dec’d 5/2/2022) that the city of Boston violated the free speech rights of a Christian group when it refused to allow them to participate in a city flag raising program.

Active Liberty - a survey of Justice Stephen Breyer's religion clause jurisprudence - Supreme Court

Active Liberty: A Survey of Justice Stephen Breyer’s Religion Clause Decisions

A comprehensive review of retiring Supreme Court Justice Stephen Breyer’s decisions in Free Exercise and Establishment Clause cases.

Canadian gov’t calculates that expansion of assisted suicide will save taxpayers millions of dollars

In Canada, it is easier for the disabled who do not suffer terminal illness to get approval for assisted suicide than approval for affordable housing. The government has calculated the cost of providing healthcare versus providing assisted suicide.

Random Quote

Faith is either something that informs one at all times or it isn’t anything at all, really. When the Chinese government tells its citizens that they can worship in a certain building on a certain day, but once they leave that building they must bow to the secular orthodoxy of the state, you have a cynical lie at work. They’ve substituted a toothless “freedom of worship” for “freedom of religion”.

— Eric Metaxas

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